But neither national pride nor anxiety for public liberty had so great an influence on the popular mind as hatred of the Roman Catholic religion. That hatred had become one of the ruling passions of the community, and was as strong in the ignorant and profane as in those who were Protestants from conviction. The cruelties of Mary's reign, cruelties which even in the most accurate and sober narrative excite just detestation, and which were neither accurately nor soberly related in the popular martyrologies, the conspiracies against Elizabeth, and above all the Gunpowder Plot, had left in the minds of the vulgar a deep and bitter feeling which was kept up by annual commemorations, prayers, bonfires, and processions. It should be added that those classes which were peculiarly distinguished by attachment to the throne, the clergy and the landed gentry, had peculiar reasons for regarding the Church of Rome with aversion. The clergy trembled for their benefices; the landed gentry for their abbeys and great tithes. While the memory of the reign of the Saints was still recent, hatred of Popery had in some degree given place to hatred of Puritanism; but, during the eighteen years which had elapsed since the Restoration, the hatred of Puritanism had abated, and the hatred of Popery had increased. The stipulations of the treaty of Dover were accurately known to very few; but some hints had got abroad. The general impression was that a great blow was about to be aimed at the Protestant religion. The King was suspected by many of a leaning towards Rome. His brother and heir presumptive was known to be a bigoted Roman Catholic. The first Duchess of York had died a Roman Catholic. James had then, in defiance of the remonstrances of the House of Commons, taken to wife the Princess Mary of Modena, another Roman Catholic. If there should be sons by this marriage, there was reason to fear that they might be bred Roman Catholics, and that a long succession of princes, hostile to the established faith, might sit on the English throne. The constitution had recently been violated for the purpose of protecting the Roman Catholics from the penal laws. The ally by whom the policy of England had, during many years, been chiefly governed, was not only a Roman Catholic, but a persecutor of the reformed Churches. Under such circumstances it is not strange that the common people should have been inclined to apprehend a return of the times of her whom they called Bloody Mary.

Thus the nation was in such a temper that the smallest spark might raise a flame. At this conjuncture fire was set in two places at once to the vast mass of combustible matter; and in a moment the whole was in a blaze.

The French court, which knew Danby to be its mortal enemy, artfully contrived to ruin him by making him pass for its friend. Lewis, by the instrumentality of Ralph Montague, a faithless and shameless man who had resided in France as minister from England, laid before the House of Commons proofs that the Treasurer had been concerned in an application made by the Court of Whitehall to the Court of Versailles for a sum of money. This discovery produced its natural effect. The Treasurer was, in truth, exposed to the vengeance of Parliament, not on account of his delinquencies, but on account of his merits; not because he had been an accomplice in a criminal transaction, but because he had been a most unwilling and unserviceable accomplice. But of the circumstances, which have, in the judgment of posterity, greatly extenuated his fault, his contemporaries were ignorant. In their view he was the broker who had sold England to France. It seemed clear that his greatness was at an end, and doubtful whether his head could be saved.

Yet was the ferment excited by this discovery slight, when compared with the commotion which arose when it was noised abroad that a great Popish plot had been detected. One Titus Oates, a clergyman of the Church of England, had, by his disorderly life and heterodox doctrine, drawn on himself the censure of his spiritual superiors, had been compelled to quit his benefice, and had ever since led an infamous and vagrant life. He had once professed himself a Roman Catholic, and had passed some time on the Continent in English colleges of the order of Jesus. In those seminaries he had heard much wild talk about the best means of bringing England back to the true Church. From hints thus furnished he constructed a hideous romance, resembling rather the dream of a sick man than any transaction which ever took place in the real world. The Pope, he said, had entrusted the government of England to the Jesuits. The Jesuits had, by commissions under the seal of their society, appointed Roman Catholic clergymen, noblemen, and gentlemen, to all the highest offices in Church and State. The Papists had burned down London once. They had tried to burn it down again. They were at that moment planning a scheme for setting fire to all the shipping in the Thames. They were to rise at a signal and massacre all their Protestant neighbours. A French army was at the same time to land in Ireland. All the leading statesmen and divines of England were to be murdered. Three or four schemes had been formed for assassinating the King. He was to be stabbed. He was to be poisoned in his medicine He was to be shot with silver bullets. The public mind was so sore and excitable that these lies readily found credit with the vulgar; and two events which speedily took place led even some reflecting men to suspect that the tale, though evidently distorted and exaggerated, might have some foundation.

Edward Coleman, a very busy, and not very honest, Roman Catholic intriguer, had been among the persons accused. Search was made for his papers. It was found that he had just destroyed the greater part of them. But a few which had escaped contained some passages such as, to minds strongly prepossessed, might seem to confirm the evidence of Oates. Those passages indeed, when candidly construed, appear to express little more than the hopes which the posture of affairs, the predilections of Charles, the still stronger predilections of James, and the relations existing between the French and English courts, might naturally excite in the mind of a Roman Catholic strongly attached to the interests of his Church. But the country was not then inclined to construe the letters of Papists candidly; and it was urged, with some show of reason, that, if papers which had been passed over as unimportant were filled with matter so suspicious, some great mystery of iniquity must have been contained in those documents which had been carefully committed to the flames.

A few days later it was known that Sir Edmondsbury Godfrey, an eminent justice of the peace who had taken the depositions of Oates against Coleman, had disappeared. Search was made; and Godfrey's corpse was found in a field near London. It was clear that he had died by violence. It was equally clear that he had not been set upon by robbers. His fate is to this day a secret. Some think that he perished by his own hand; some, that he was slain by a private enemy. The most improbable supposition is that he was murdered by the party hostile to the court, in order to give colour to the story of the plot. The most probable supposition seems, on the whole, to be that some hotheaded Roman Catholic, driven to frenzy by the lies of Oates and by the insults of the multitude, and not nicely distinguishing between the perjured accuser and the innocent magistrate, had taken a revenge of which the history of persecuted sects furnishes but too many examples. If this were so, the assassin must have afterwards bitterly execrated his own wickedness and folly. The capital and the whole nation went mad with hatred and fear. The penal laws, which had begun to lose something of their edge, were sharpened anew. Everywhere justices were busied in searching houses and seizing papers. All the gaols were filled with Papists. London had the aspect of a city in a state of siege. The trainbands were under arms all night. Preparations were made for barricading the great thoroughfares. Patrols marched up and down the streets. Cannon were planted round Whitehall. No citizen thought himself safe unless he carried under his coat a small flail loaded with lead to brain the Popish assassins. The corpse of the murdered magistrate was exhibited during several days to the gaze of great multitudes, and was then committed to the grave with strange and terrible ceremonies, which indicated rather fear and the thirst of vengeance shall sorrow or religious hope. The Houses insisted that a guard should be placed in the vaults over which they sate, in order to secure them against a second Gunpowder Plot. All their proceedings were of a piece with this demand. Ever since the reign of Elizabeth the oath of supremacy had been exacted from members of the House of Commons. Some Roman Catholics, however, had contrived so to interpret this oath that they could take it without scruple. A more stringent test was now added: every member of Parliament was required to make the Declaration against Transubstantiation; and thus the Roman Catholic Lords were for the first time excluded from their seats. Strong resolutions were adopted against the Queen. The Commons threw one of the Secretaries of State into prison for having countersigned commissions directed to gentlemen who were not good Protestants. They impeached the Lord Treasurer of high treason. Nay, they so far forgot the doctrine which, while the memory of the civil war was still recent, they had loudly professed, that they even attempted to wrest the command of the militia out of the King's hands. To such a temper had eighteen years of misgovernment brought the most loyal Parliament that had ever met in England.

Yet it may seem strange that, even in that extremity, the King should have ventured to appeal to the people; for the people were more excited than their representatives. The Lower House, discontented as it was, contained a larger number of Cavaliers than were likely to find seats again. But it was thought that a dissolution would put a stop to the prosecution of the Lord Treasurer, a prosecution which might probably bring to light all the guilty mysteries of the French alliance, and might thus cause extreme personal annoyance and embarrassment to Charles. Accordingly, in January, 1679, the Parliament, which had been in existence ever since the beginning of the year 1661, was dissolved; and writs were issued for a general election.

During some weeks the contention over the whole country was fierce and obstinate beyond example. Unprecedented sums were expended. New tactics were employed. It was remarked by the pamphleteers of that time as something extraordinary that horses were hired at a great charge for the conveyance of electors. The practice of splitting freeholds for the purpose of multiplying votes dates from this memorable struggle. Dissenting preachers, who had long hidden themselves in quiet nooks from persecution, now emerged from their retreats, and rode from village to village, for the purpose of rekindling the zeal of the scattered people of God. The tide ran strong against the government. Most of the new members came up to Westminster in a mood little differing from that of their predecessors who had sent Strafford and Laud to the Tower.

Meanwhile the courts of justice, which ought to be, in the midst of political commotions, sure places of refuge for the innocent of every party, were disgraced by wilder passions and fouler corruptions than were to be found even on the hustings. The tale of Oates, though it had sufficed to convulse the whole realm, would not, unless confirmed by other evidence, suffice to destroy the humblest of those whom he had accused. For, by the old law of England, two witnesses are necessary to establish a charge of treason. But the success of the first impostor produced its natural consequences. In a few weeks he had been raised from penury and obscurity to opulence, to power which made him the dread of princes and nobles, and to notoriety such as has for low and bad minds all the attractions of glory. He was not long without coadjutors and rivals. A wretch named Carstairs, who had earned a livelihood in Scotland by going disguised to conventicles and then informing against the preachers, led the way. Bedloe, a noted swindler, followed; and soon from all the brothels, gambling houses, and spunging houses of London, false witnesses poured forth to swear away the lives of Roman Catholics. One came with a story about an army of thirty thousand men who were to muster in the disguise of pilgrims at Corunna, and to sail thence to Wales. Another had been promised canonisation and five hundred pounds to murder the King. A third had stepped into an eating house in Covent Garden, and had there heard a great Roman Catholic banker vow, in the hearing of all the guests and drawers, to kill the heretical tyrant. Oates, that he might not be eclipsed by his imitators, soon added a large supplement to his original narrative. He had the portentous impudence to affirm, among other things, that he had once stood behind a door which was ajar, and had there overheard the Queen declare that she had resolved to give her consent to the assassination of her husband. The vulgar believed, and the highest magistrates pretended to believe, even such fictions as these. The chief judges of the realm were corrupt, cruel, and timid. The leaders of the Country Party encouraged the prevailing delusion. The most respectable among them, indeed, were themselves so far deluded as to believe the greater part of the evidence of the plot to be true. Such men as Shaftesbury and Buckingham doubtless perceived that the whole was a romance. But it was a romance which served their turn; and to their seared consciences the death of an innocent man gave no more uneasiness than the death of a partridge. The juries partook of the feelings then common throughout the nation, and were encouraged by the bench to indulge those feelings without restraint. The multitude applauded Oates and his confederates, hooted and pelted the witnesses who appeared on behalf of the accused, and shouted with joy when the verdict of Guilty was pronounced. It was in vain that the sufferers appealed to the respectability of their past lives: for the public mind was possessed with a belief that the more conscientious a Papist was, the more likely he must be to plot against a Protestant government. It was in vain that, just before the cart passed from under their feet, they resolutely affirmed their innocence: for the general opinion was that a good Papist considered all lies which were serviceable to his Church as not only excusable but meritorious.

While innocent blood was shedding under the forms of justice, the new Parliament met; and such was the violence of the predominant party that even men whose youth had been passed amidst revolutions men who remembered the attainder of Strafford, the attempt on the five members, the abolition of the House of Lords, the execution of the King, stood aghast at the aspect of public affairs. The impeachment of Danby was resumed. He pleaded the royal pardon. But the Commons treated the plea with contempt, and insisted that the trial should proceed. Danby, however, was not their chief object. They were convinced that the only effectual way of securing the liberties and religion of the nation was to exclude the Duke of York from the throne.

The King was in great perplexity. He had insisted that his brother, the sight of whom inflamed the populace to madness, should retire for a time to Brussels: but this concession did not seem to have produced any favourable effect. The Roundhead party was now decidedly preponderant. Towards that party leaned millions who had, at the time of the Restoration, leaned towards the side of prerogative. Of the old Cavaliers many participated in the prevailing fear of Popery, and many, bitterly resenting the ingratitude of the prince for whom they had sacrificed so much, looked on his distress as carelessly as he had looked on theirs. Even the Anglican clergy, mortified and alarmed by the apostasy of the Duke of York, so far countenanced the opposition as to join cordially in the outcry against the Roman Catholics.

The King in this extremity had recourse to Sir William Temple. Of all the official men of that age Temple had preserved the fairest character. The Triple Alliance had been his work. He had refused to take any part in the politics of the Cabal, and had, while that administration directed affairs, lived in strict privacy. He had quitted his retreat at the call of Danby, had made peace between England and Holland, and had borne a chief part in bringing about the marriage of the Lady Mary to her cousin the Prince of Orange. Thus he had the credit of every one of the few good things which had been done by the government since the Restoration. Of the numerous crimes and blunders of the last eighteen years none could be imputed to him. His private life, though not austere, was decorous: his manners were popular; and he was not to be corrupted either by titles or by money. Something, however, was wanting to the character of this respectable statesman. The temperature of his patriotism was lukewarm. He prized his ease and his personal dignity too much, and shrank from responsibility with a pusillanimous fear. Nor indeed had his habits fitted him to bear a part in the conflicts of our domestic factions. He had reached his fiftieth year without having sate in the English Parliament; and his official experience had been almost entirely acquired at foreign courts. He was justly esteemed one of the first diplomatists in Europe: but the talents and accomplishments of a diplomatist are widely different from those which qualify a politician to lead the House of Commons in agitated times.

The scheme which he proposed showed considerable ingenuity. Though not a profound philosopher, he had thought more than most busy men of the world on the general principles of government; and his mind had been enlarged by historical studies and foreign travel. He seems to have discerned more clearly than most of his contemporaries one cause of the difficulties by which the government was beset. The character of the English polity was gradually changing. The Parliament was slowly, but constantly, gaining ground on the prerogative. The line between the legislative and executive powers was in theory as strongly marked as ever, but in practice was daily becoming fainter and fainter. The theory of the constitution was that the King might name his own ministers. But the House of Commons had driven Clarendon, the Cabal, and Danby successively from the direction of affairs. The theory of the constitution was that the King alone had the power of making peace and war. But the House of Commons had forced him to make peace with Holland, and had all but forced him to make war with France. The theory of the constitution was that the King was the sole judge of the cases in which it might be proper to pardon offenders. Yet he was so much in dread of the House of Commons that, at that moment, he could not venture to rescue from the gallows men whom he well knew to be the innocent victims of perjury.

Temple, it should seem, was desirous to secure to the legislature its undoubted constitutional powers, and yet to prevent it, if possible, from encroaching further on the province of the executive administration. With this view he determined to interpose between the sovereign and the Parliament a body which might break the shock of their collision. There was a body ancient, highly honourable, and recognised by the law, which, he thought, might be so remodelled as to serve this purpose. He determined to give to the Privy Council a new character and office in the government. The number of Councillors he fixed at thirty. Fifteen of them were to be the chief ministers of state, of law, and of religion. The other fifteen were to be unplaced noblemen and gentlemen of ample fortune and high character. There was to be no interior cabinet. All the thirty were to be entrusted with every political secret, and summoned to every meeting; and the King was to declare that he would, on every occasion, be guided by their advice.

Temple seems to have thought that, by this contrivance, he could at once secure the nation against the tyranny of the Crown, and the Crown against the encroachments of the Parliament. It was, on one hand, highly improbable that schemes such as had been formed by the Cabal would be even propounded for discussion in an assembly consisting of thirty eminent men, fifteen of whom were bound by no tie of interest to the court. On the other hand, it might be hoped that the Commons, content with the guarantee against misgovernment which such a Privy Council furnished, would confine themselves more than they had of late done to their strictly legislative functions, and would no longer think it necessary to pry into every part of the executive administration.

This plan, though in some respects not unworthy of the abilities of its author, was in principle vicious. The new board was half a cabinet and half a Parliament, and, like almost every other contrivance, whether mechanical or political, which is meant to serve two purposes altogether different, failed of accomplishing either. It was too large and too divided to be a good administrative body. It was too closely connected with the Crown to be a good checking body. It contained just enough of popular ingredients to make it a bad council of state, unfit for the keeping of secrets, for the conducting of delicate negotiations, and for the administration of war. Yet were these popular ingredients by no means sufficient to secure the nation against misgovernment. The plan, therefore, even if it had been fairly tried, could scarcely have succeeded; and it was not fairly tried. The King was fickle and perfidious: the Parliament was excited and unreasonable; and the materials out of which the new Council was made, though perhaps the best which that age afforded, were still bad.

The commencement of the new system was, however, hailed with general delight; for the people were in a temper to think any change an improvement. They were also pleased by some of the new nominations. Shaftesbury, now their favourite, was appointed Lord President. Russell and some other distinguished members of the Country Party were sworn of the Council. But a few days later all was again in confusion. The inconveniences of having so numerous a cabinet were such that Temple himself consented to infringe one of the fundamental rules which he had laid down, and to become one of a small knot which really directed everything. With him were joined three other ministers, Arthur Capel, Earl of Essex, George Savile, Viscount Halifax, and Robert Spencer, Earl of Sunderland.

Of the Earl of Essex, then First Commissioner of the Treasury, it is sufficient to say that he was a man of solid, though not brilliant parts, and of grave and melancholy character, that he had been connected with the Country Party, and that he was at this time honestly desirous to effect, on terms beneficial to the state, a reconciliation between that party and the throne.

Among the statesmen of those times Halifax was, in genius, the first. His intellect was fertile, subtle, and capacious. His polished, luminous, and animated eloquence, set off by the silver tones of his voice, was the delight of the House of Lords. His conversation overflowed with thought, fancy, and wit. His political tracts well deserve to be studied for their literary merit, and fully entitle him to a place among English classics. To the weight derived from talents so great and various he united all the influence which belongs to rank and ample possessions. Yet he was less successful in politics than many who enjoyed smaller advantages. Indeed, those intellectual peculiarities which make his writings valuable frequently impeded him in the contests of active life. For he always saw passing events, not in the point of view in which they commonly appear to one who bears a part in them, but in the point of view in which, after the lapse of many years, they appear to the philosophic historian. With such a turn of mind he could not long continue to act cordially with any body of men. All the prejudices, all the exaggerations, of both the great parties in the state moved his scorn. He despised the mean arts and unreasonable clamours of demagogues. He despised still more the doctrines of divine right and passive obedience. He sneered impartially at the bigotry of the Churchman and at the bigotry of the Puritan. He was equally unable to comprehend how any man should object to Saints' days and surplices, and how any man should persecute any other man for objecting to them. In temper he was what, in our time, is called a Conservative: in theory he was a Republican. Even when his dread of anarchy and his disdain for vulgar delusions led him to side for a time with the defenders of arbitrary power, his intellect was always with Locke and Milton. Indeed, his jests upon hereditary monarchy were sometimes such as would have better become a member of the Calf's Head Club than a Privy Councillor of the Stuarts. In religion he was so far from being a zealot that he was called by the uncharitable an atheist: but this imputation he vehemently repelled; and in truth, though he sometimes gave scandal by the way in which he exerted his rare powers both of reasoning and of ridicule on serious subjects, he seems to have been by no means unsusceptible of religious impressions.

He was the chief of those politicians whom the two great parties contemptuously called Trimmers. Instead of quarrelling with this nickname, he assumed it as a title of honour, and vindicated, with great vivacity, the dignity of the appellation. Everything good, he said, trims between extremes. The temperate zone trims between the climate in which men are roasted and the climate in which they are frozen. The English Church trims between the Anabaptist madness and the Papist lethargy. The English constitution trims between Turkish despotism and Polish anarchy. Virtue is nothing but a just temper between propensities any one of which, if indulged to excess, becomes vice. Nay, the perfection of the Supreme Being himself consists in the exact equilibrium of attributes, none of which could preponderate without disturbing the whole moral and physical order of the world. [20] Thus Halifax was a Trimmer on principle. He was also a Trimmer by the constitution both of his head and of his heart. His understanding was keen, sceptical, inexhaustibly fertile in distinctions and objections; his taste refined; his sense of the ludicrous exquisite; his temper placid and forgiving, but fastidious, and by no means prone either to malevolence or to enthusiastic admiration. Such a man could not long be constant to any band of political allies. He must not, however, be confounded with the vulgar crowd of renegades. For though, like them, he passed from side to side, his transition was always in the direction opposite to theirs. He had nothing in common with those who fly from extreme to extreme, and who regard the party which they have deserted with all animosity far exceeding that of consistent enemies. His place was on the debatable ground between the hostile divisions of the community, and he never wandered far beyond the frontier of either. The party to which he at any moment belonged was the party which, at that moment, he liked least, because it was the party of which at that moment he had the nearest view. He was therefore always severe upon his violent associates, and was always in friendly relations with his moderate opponents. Every faction in the day of its insolent and vindictive triumph incurred his censure; and every faction, when vanquished and persecuted, found in him a protector. To his lasting honour it must be mentioned that he attempted to save those victims whose fate has left the deepest stain both on the Whig and on the Tory name.

He had greatly distinguished himself in opposition, and had thus drawn on himself the royal displeasure, which was indeed so strong that he was not admitted into the Council of Thirty without much difficulty and long altercation. As soon, however, as he had obtained a footing at court, the charms of his manner and of his conversation made him a favourite. He was seriously alarmed by the violence of the public discontent. He thought that liberty was for the present safe, and that order and legitimate authority were in danger. He therefore, as was his fashion, joined himself to the weaker side. Perhaps his conversion was not wholly disinterested. For study and reflection, though they had emancipated him from many vulgar prejudices, had left him a slave to vulgar desires. Money he did not want; and there is no evidence that he ever obtained it by any means which, in that age, even severe censors considered as dishonourable; but rank and power had strong attractions for him. He pretended, indeed, that he considered titles and great offices as baits which could allure none but fools, that he hated business, pomp, and pageantry, and that his dearest wish was to escape from the bustle and glitter of Whitehall to the quiet woods which surrounded his ancient mansion in Nottinghamshire; but his conduct was not a little at variance with his professions. In truth he wished to command the respect at once of courtiers and of philosophers, to be admired for attaining high dignities, and to be at the same time admired for despising them.

Sunderland was Secretary of State. In this man the political immorality of his age was personified in the most lively manner. Nature had given him a keen understanding, a restless and mischievous temper, a cold heart, and an abject spirit. His mind had undergone a training by which all his vices had been nursed up to the rankest maturity. At his entrance into public life, he had passed several years in diplomatic posts abroad, and had been, during some time, minister in France. Every calling has its peculiar temptations. There is no injustice in saying that diplomatists, as a class, have always been more distinguished by their address, by the art with which they win the confidence of those with whom they have to deal, and by the ease with which they catch the tone of every society into which they are admitted, than by generous enthusiasm or austere rectitude; and the relations between Charles and Lewis were such that no English nobleman could long reside in France as envoy, and retain any patriotic or honourable sentiment. Sunderland came forth from the bad school in which he had been brought up, cunning, supple, shameless, free from all prejudices, and destitute of all principles. He was, by hereditary connection, a Cavalier: but with the Cavaliers he had nothing in common. They were zealous for monarchy, and condemned in theory all resistance. Yet they had sturdy English hearts which would never have endured real despotism. He, on the contrary, had a languid speculative liking for republican institutions which was compatible with perfect readiness to be in practice the most servile instrument of arbitrary power. Like many other accomplished flatterers and negotiators, he was far more skilful in the art of reading the characters and practising on the weaknesses of individuals, than in the art of discerning the feelings of great masses, and of foreseeing the approach of great revolutions. He was adroit in intrigue; and it was difficult even for shrewd and experienced men who had been amply forewarned of his perfidy to withstand the fascination of his manner, and to refuse credit to his professions of attachment. But he was so intent on observing and courting particular persons, that he often forgot to study the temper of the nation. He therefore miscalculated grossly with respect to some of the most momentous events of his time. More than one important movement and rebound of the public mind took him by surprise; and the world, unable to understand how so clever a man could be blind to what was clearly discerned by the politicians of the coffee houses, sometimes attributed to deep design what were in truth mere blunders.

It was only in private conference that his eminent abilities displayed themselves. In the royal closet, or in a very small circle, he exercised great influence. But at the Council board he was taciturn; and in the House of Lords he never opened his lips.

The four confidential advisers of the crown soon found that their position was embarrassing and invidious. The other members of the Council murmured at a distinction inconsistent with the King's promises; and some of them, with Shaftesbury at their head, again betook themselves to strenuous opposition in Parliament. The agitation, which had been suspended by the late changes, speedily became more violent than ever. It was in vain that Charles offered to grant to the Commons any security for the Protestant religion which they could devise, provided only that they would not touch the order of succession. They would hear of no compromise. They would have the Exclusion Bill, and nothing but the Exclusion Bill. The King, therefore, a few weeks after he had publicly promised to take no step without the advice of his new Council, went down to the House of Lords without mentioning his intention in Council, and prorogued the Parliament.

The day of that prorogation, the twenty-sixth of May, 1679, is a great era in our history. For on that day the Habeas Corpus Act received the royal assent. From the time of the Great Charter the substantive law respecting the personal liberty of Englishmen had been nearly the same as at present: but it had been inefficacious for want of a stringent system of procedure. What was needed was not a new light, but a prompt and searching remedy; and such a remedy the Habeas Corpus Act supplied. The King would gladly have refused his consent to that measure: but he was about to appeal from his Parliament to his people on the question of the succession, and he could not venture, at so critical a moment, to reject a bill which was in the highest degree popular.

On the same day the press of England became for a short time free. In old times printers had been strictly controlled by the Court of Star Chamber. The Long Parliament had abolished the Star Chamber, but had, in spite of the philosophical and eloquent expostulation of Milton, established and maintained a censorship. Soon after the Restoration, an Act had been passed which prohibited the printing of unlicensed books; and it had been provided that this Act should continue in force till the end of the first session of the next Parliament. That moment had now arrived; and the King, in the very act of dismissing the House, emancipated the Press.

Shortly after the prorogation came a dissolution and another general election. The zeal and strength of the opposition were at the height. The cry for the Exclusion Bill was louder than ever, and with this cry was mingled another cry, which fired the blood of the multitude, but which was heard with regret and alarm by all judicious friends of freedom. Not only the rights of the Duke of York, an avowed Papist, but those of his two daughters, sincere and zealous Protestants, were assailed. It was confidently affirmed that the eldest natural son of the King had been born in wedlock, and was lawful heir to the crown.

Charles, while a wanderer on the Continent, had fallen in at the Hague with Lucy Walters, a Welsh girl of great beauty, but of weak understanding and dissolute manners. She became his mistress, and presented him with a son. A suspicious lover might have had his doubts; for the lady had several admirers, and was not supposed to be cruel to any. Charles, however, readily took her word, and poured forth on little James Crofts, as the boy was then called, an overflowing fondness, such as seemed hardly to belong to that cool and careless nature. Soon after the restoration, the young favourite, who had learned in France the exercises then considered necessary to a fine gentleman, made his appearance at Whitehall. He was lodged in the palace, attended by pages, and permitted to enjoy several distinctions which had till then been confined to princes of the blood royal. He was married, while still in tender youth, to Anne Scott, heiress of the noble house of Buccleuch. He took her name, and received with her hand possession of her ample domains. The estate which he had acquired by this match was popularly estimated at not less than ten thousand pounds a year. Titles, and favours more substantial than titles, were lavished on him. He was made Duke of Monmouth in England, Duke of Buccleuch in Scotland, a Knight of the Garter, Master of the Horse, Commander of the first troop of Life Guards, Chief Justice of Eyre south of Trent, and Chancellor of the University of Cambridge. Nor did he appear to the public unworthy of his high fortunes. His countenance was eminently handsome and engaging, his temper sweet, his manners polite and affable. Though a libertine, he won the hearts of the Puritans. Though he was known to have been privy to the shameful attack on Sir John Coventry, he easily obtained the forgiveness of the Country Party. Even austere moralists owned that, in such a court, strict conjugal fidelity was scarcely to be expected from one who, while a child, had been married to another child. Even patriots were willing to excuse a headstrong boy for visiting with immoderate vengeance an insult offered to his father. And soon the stain left by loose amours and midnight brawls was effaced by honourable exploits. When Charles and Lewis united their forces against Holland, Monmouth commanded the English auxiliaries who were sent to the Continent, and approved himself a gallant soldier and a not unintelligent officer. On his return he found himself the most popular man in the kingdom. Nothing was withheld from him but the crown; nor did even the crown seem to be absolutely beyond his reach. The distinction which had most injudiciously been made between him and the highest nobles had produced evil consequences. When a boy he had been invited to put on his hat in the presence chamber, while Howards and Seymours stood uncovered round him. When foreign princes died, he had mourned for them in the long purple cloak, which no other subject, except the Duke of York and Prince Rupert, was permitted to wear. It was natural that these things should lead him to regard himself as a legitimate prince of the House of Stuart. Charles, even at a ripe age, was devoted to his pleasures and regardless of his dignity. It could hardly be thought incredible that he should at twenty have secretly gone through the form of espousing a lady whose beauty had fascinated him. While Monmouth was still a child, and while the Duke of York still passed for a Protestant, it was rumoured throughout the country, and even in circles which ought to have been well informed, that the King had made Lucy Walters his wife, and that, if every one had his right, her son would be Prince of Wales. Much was said of a certain black box which, according to the vulgar belief, contained the contract of marriage. When Monmouth had returned from the Low Countries with a high character for valour and conduct, and when the Duke of York was known to be a member of a church detested by the great majority of the nation, this idle story became important. For it there was not the slightest evidence. Against it there was the solemn asseveration of the King, made before his Council, and by his order communicated to his people. But the multitude, always fond of romantic adventures, drank in eagerly the tale of the secret espousals and the black box. Some chiefs of the opposition acted on this occasion as they acted with respect to the more odious fables of Oates, and countenanced a story which they must have despised. The interest which the populace took in him whom they regarded as the champion of the true religion, and the rightful heir of the British throne, was kept up by every artifice. When Monmouth arrived in London at midnight, the watchmen were ordered by the magistrates to proclaim the joyful event through the streets of the City: the people left their beds: bonfires were lighted: the windows were illuminated: the churches were opened; and a merry peal rose from all the steeples. When he travelled, he was everywhere received with not less pomp, and with far more enthusiasm, than had been displayed when Kings had made progresses through the realm. He was escorted from mansion to mansion by long cavalcades of armed gentlemen and yeomen. Cities poured forth their whole population to receive him. Electors thronged round him, to assure him that their votes were at his disposal. To such a height were his pretensions carried, that he not only exhibited on his escutcheon the lions of England and the lilies of France without the baton sinister under which, according to the law of heraldry, they should have been debruised in token of his illegitimate birth, but ventured to touch for the king's evil. At the same time he neglected no art of condescension by which the love of the multitude could be conciliated. He stood godfather to the children of the peasantry, mingled in every rustic sport, wrestled, played at quarterstaff, and won footraces in his boots against fleet runners in shoes.

It is a curious circumstance that, at two of the greatest conjunctures in our history, the chiefs of the Protestant party should have committed the same error, and should by that error have greatly endangered their country and their religion. At the death of Edward the Sixth they set up the Lady Jane, without any show of birthright, in opposition, not only to their enemy Mary, but also to Elizabeth, the true hope of England and of the Reformation. Thus the most respectable Protestants, with Elizabeth at their head, were forced to make common cause with the Papists. In the same manner, a hundred and thirty years later, a part of the opposition, by setting up Monmouth as a claimant of the crown, attacked the rights, not only of James, whom they justly regarded as an implacable foe of their faith and their liberties, but also of the Prince and Princess of Orange, who were eminently marked out, both by situation and by personal qualities, as the defenders of all free governments and of all reformed churches.

The folly of this course speedily became manifest. At present the popularity of Monmouth constituted a great part of the strength of the opposition. The elections went against the court: the day fixed for the meeting of the Houses drew near; and it was necessary that the King should determine on some line of conduct. Those who advised him discerned the first faint signs of a change of public feeling, and hoped that, by merely postponing the conflict, he would be able to secure the victory. He therefore, without even asking the opinion of the Council of the Thirty, resolved to prorogue the new Parliament before it entered on business. At the same time the Duke of York, who had returned from Brussels, was ordered to retire to Scotland, and was placed at the head of the administration of that kingdom.

Temple's plan of government was now avowedly abandoned and very soon forgotten. The Privy Council again became what it had been. Shaftesbury, and those who were connected with him in politics resigned their seats. Temple himself, as was his wont in unquiet times, retired to his garden and his library. Essex quitted the board of Treasury, and cast in his lot with the opposition. But Halifax, disgusted and alarmed by the violence of his old associates, and Sunderland, who never quitted place while he could hold it, remained in the King's service.

In consequence of the resignations which took place at this conjuncture, the way to greatness was left clear to a new set of aspirants. Two statesmen, who subsequently rose to the highest eminence which a British subject can reach, soon began to attract a large share of the public attention. These were Lawrence Hyde and Sidney Godolphin.

Lawrence Hyde was the second son of the Chancellor Clarendon, and was brother of the first Duchess of York. He had excellent parts, which had been improved by parliamentary and diplomatic experience; but the infirmities of his temper detracted much from the effective strength of his abilities. Negotiator and courtier as he was, he never learned the art of governing or of concealing his emotions. When prosperous, he was insolent and boastful: when he sustained a check, his undisguised mortification doubled the triumph of his enemies: very slight provocations sufficed to kindle his anger; and when he was angry he said bitter things which he forgot as soon as he was pacified, but which others remembered many years. His quickness and penetration would have made him a consummate man of business but for his selfsufficiency and impatience. His writings proved that he had many of the qualities of an orator: but his irritability prevented him from doing himself justice in debate; for nothing was easier than to goad him into a passion; and, from the moment when he went into a passion, he was at the mercy of opponents far inferior to him in capacity.

Unlike most of the leading politicians of that generation he was a consistent, dogged, and rancorous party man, a Cavalier of the old school, a zealous champion of the Crown and of the Church, and a hater of Republicans and Nonconformists. He had consequently a great body of personal adherents. The clergy especially looked on him as their own man, and extended to his foibles an indulgence of which, to say the truth, he stood in some need: for he drank deep; and when he was in a rage,—and he very often was in a rage,—he swore like a porter.

He now succeeded Essex at the treasury. It is to be observed that the place of First Lord of the Treasury had not then the importance and dignity which now belong to it. When there was a Lord Treasurer, that great officer was generally prime minister: but, when the white staff was in commission, the chief commissioner hardly ranked so high as a Secretary of State. It was not till the time of Walpole that the First Lord of the Treasury became, under a humbler name, all that the Lord High Treasurer had been.

Godolphin had been bred a page at Whitehall, and had early acquired all the flexibility and the selfpossession of a veteran courtier. He was laborious, clearheaded, and profoundly versed in the details of finance. Every government, therefore, found him an useful servant; and there was nothing in his opinions or in his character which could prevent him from serving any government. "Sidney Godolphin," said Charles, "is never in the way, and never out of the way." This pointed remark goes far to explain Godolphin's extraordinary success in life.

He acted at different times with both the great political parties: but he never shared in the passions of either. Like most men of cautious tempers and prosperous fortunes, he had a strong disposition to support whatever existed. He disliked revolutions; and, for the same reason for which he disliked revolutions, he disliked counter-revolutions. His deportment was remarkably grave and reserved: but his personal tastes were low and frivolous; and most of the time which he could save from public business was spent in racing, cardplaying, and cockfighting. He now sate below Rochester at the Board of Treasury, and distinguished himself there by assiduity and intelligence.

Before the new Parliament was suffered to meet for the despatch of business a whole year elapsed, an eventful year, which has left lasting traces in our manners and language. Never before had political controversy been carried on with so much freedom. Never before had political clubs existed with so elaborate an organisation or so formidable an influence. The one question of the Exclusion occupied the public mind. All the presses and pulpits of the realm took part in the conflict. On one side it was maintained that the constitution and religion of the state could never be secure under a Popish King; on the other, that the right of James to wear the crown in his turn was derived from God, and could not be annulled, even by the consent of all the branches of the legislature. Every county, every town, every family, was in agitation. The civilities and hospitalities of neighbourhood were interrupted. The dearest ties of friendship and of blood were sundered. Even schoolboys were divided into angry parties; and the Duke of York and the Earl of Shaftesbury had zealous adherents on all the forms of Westminster and Eton. The theatres shook with the roar of the contending factions. Pope Joan was brought on the stage by the zealous Protestants. Pensioned poets filled their prologues and epilogues with eulogies on the King and the Duke. The malecontents besieged the throne with petitions, demanding that Parliament might be forthwith convened. The royalists sent up addresses, expressing the utmost abhorrence of all who presumed to dictate to the sovereign. The citizens of London assembled by tens of thousands to burn the Pope in effigy. The government posted cavalry at Temple Bar, and placed ordnance round Whitehall. In that year our tongue was enriched with two words, Mob and Sham, remarkable memorials of a season of tumult and imposture. [21] Opponents of the court were called Birminghams, Petitioners, and Exclusionists. Those who took the King's side were Antibirminghams, Abhorrers, and Tantivies. These appellations soon become obsolete: but at this time were first heard two nicknames which, though originally given in insult, were soon assumed with pride, which are still in daily use, which have spread as widely as the English race, and which will last as long as the English literature. It is a curious circumstance that one of these nicknames was of Scotch, and the other of Irish, origin. Both in Scotland and in Ireland, misgovernment had called into existence bands of desperate men whose ferocity was heightened by religions enthusiasm. In Scotland some of the persecuted Covenanters, driven mad by oppression, had lately murdered the Primate, had taken arms against the government, had obtained some advantages against the King's forces, and had not been put down till Monmouth, at the head of some troops from England, had routed them at Bothwell Bridge. These zealots were most numerous among the rustics of the western lowlands, who were vulgarly called Whigs. Thus the appellation of Whig was fastened on the Presbyterian zealots of Scotland, and was transferred to those English politicians who showed a disposition to oppose the court, and to treat Protestant Nonconformists with indulgence. The bogs of Ireland, at the same time, afforded a refuge to Popish outlaws, much resembling those who were afterwards known as Whiteboys. These men were then called Tories. The name of Tory was therefore given to Englishmen who refused to concur in excluding a Roman Catholic prince from the throne.

The rage of the hostile factions would have been sufficiently violent, if it had been left to itself. But it was studiously exasperated by the common enemy of both. Lewis still continued to bribe and flatter both the court and the opposition. He exhorted Charles to be firm: he exhorted James to raise a civil war in Scotland: he exhorted the Whigs not to flinch, and to rely with confidence on the protection of France.

Through all this agitation a discerning eye might have perceived that the public opinion was gradually changing. The persecution of the Roman Catholics went on; but convictions were no longer matters of course. A new brood of false witnesses, among whom a villain named Dangerfield was the most conspicuous, infested the courts: but the stories of these men, though better constructed than that of Oates, found less credit. Juries were no longer so easy of belief as during the panic which had followed the murder of Godfrey; and Judges, who, while the popular frenzy was at the height, had been its most obsequious instruments, now ventured to express some part of what they had from the first thought.

At length, in October 1680, the Parliament met. The Whigs had so great a majority in the Commons that the Exclusion Bill went through all its stages there without difficulty. The King scarcely knew on what members of his own cabinet he could reckon. Hyde had been true to his Tory opinions, and had steadily supported the cause of hereditary monarchy. But Godolphin, anxious for quiet, and believing that quiet could be restored only by concession, wished the bill to pass. Sunderland, ever false, and ever shortsighted, unable to discern the signs of approaching reaction, and anxious to conciliate the party which he believed to be irresistible, determined to vote against the court. The Duchess of Portsmouth implored her royal lover not to rush headlong to destruction. If there were any point on which he had a scruple of conscience or of honour, it was the question of the succession; but during some days it seemed that he would submit. He wavered, asked what sum the Commons would give him if he yielded, and suffered a negotiation to be opened with the leading Whigs. But a deep mutual distrust which had been many years growing, and which had been carefully nursed by the arts of France, made a treaty impossible. Neither side would place confidence in the other. The whole nation now looked with breathless anxiety to the House of Lords. The assemblage of peers was large. The King himself was present. The debate was long, earnest, and occasionally furious. Some hands were laid on the pommels of swords in a manner which revived the recollection of the stormy Parliaments of Edward the Third and Richard the Second. Shaftesbury and Essex were joined by the treacherous Sunderland. But the genius of Halifax bore down all opposition. Deserted by his most important colleagues, and opposed to a crowd of able antagonists, he defended the cause of the Duke of York, in a succession of speeches which, many years later, were remembered as masterpieces of reasoning, of wit, and of eloquence. It is seldom that oratory changes votes. Yet the attestation of contemporaries leaves no doubt that, on this occasion, votes were changed by the oratory of Halifax. The Bishops, true to their doctrines, supported the principle of hereditary right, and the bill was rejected by a great majority. [22]

The party which preponderated in the House of Commons, bitterly mortified by this defeat, found some consolation in shedding the blood of Roman Catholics. William Howard, Viscount Stafford, one of the unhappy men who had been accused of a share in the plot, was impeached; and on the testimony of Oates and of two other false witnesses, Dugdale and Turberville, was found guilty of high treason, and suffered death. But the circumstances of his trial and execution ought to have given an useful warning to the Whig leaders. A large and respectable minority of the House of Lords pronounced the prisoner not guilty. The multitude, which a few months before had received the dying declarations of Oates's victims with mockery and execrations, now loudly expressed a belief that Stafford was a murdered man. When he with his last breath protested his innocence, the cry was, "God bless you, my Lord! We believe you, my Lord." A judicious observer might easily have predicted that the blood then shed would shortly have blood.

The King determined to try once more the experiment of a dissolution. A new Parliament was summoned to meet at Oxford, in March, 1681. Since the days of the Plantagenets the Houses had constantly sat at Westminster, except when the plague was raging in the capital: but so extraordinary a conjuncture seemed to require extraordinary precautions. If the Parliament were held in its usual place of assembling, the House of Commons might declare itself permanent, and might call for aid on the magistrates and citizens of London. The trainbands might rise to defend Shaftesbury as they had risen forty years before to defend Pym and Hampden. The Guards might be overpowered, the palace forced, the King a prisoner in the hands of his mutinous subjects. At Oxford there was no such danger. The University was devoted to the crown; and the gentry of the neighbourhood were generally Tories. Here, therefore, the opposition had more reason than the King to apprehend violence.

The elections were sharply contested. The Whigs still composed a majority of the House of Commons: but it was plain that the Tory spirit was fast rising throughout the country. It should seem that the sagacious and versatile Shaftesbury ought to have foreseen the coming change, and to have consented to the compromise which the court offered: but he appears to have forgotten his old tactics. Instead of making dispositions which, in the worst event, would have secured his retreat, he took up a position in which it was necessary that he should either conquer or perish. Perhaps his head, strong as it was, had been turned by popularity, by success, and by the excitement of conflict. Perhaps he had spurred his party till he could no longer curb it, and was really hurried on headlong by those whom he seemed to guide.

The eventful day arrived. The meeting at Oxford resembled rather that of a Polish Diet than that of an English Parliament. The Whig members were escorted by great numbers of their armed and mounted tenants and serving men, who exchanged looks of defiance with the royal Guards. The slightest provocation might, under such circumstances, have produced a civil war; but neither side dared to strike the first blow. The King again offered to consent to anything but the Exclusion Bill. The Commons were determined to accept nothing but the Exclusion Bill. In a few days the Parliament was again dissolved.

The King had triumphed. The reaction, which had begun some months before the meeting of the House at Oxford, now went rapidly on. The nation, indeed, was still hostile to Popery: but, when men reviewed the whole history of the plot, they felt that their Protestant zeal had hurried them into folly and crime, and could scarcely believe that they had been induced by nursery tales to clamour for the blood of fellow subjects and fellow Christians. The most loyal, indeed, could not deny that the administration of Charles had often been highly blamable. But men who had not the full information which we possess touching his dealings with France, and who were disgusted by the violence of the Whigs, enumerated the large concessions which, during the last few years he had made to his Parliaments, and the still larger concessions which he had declared himself willing to make. He had consented to the laws which excluded Roman Catholics from the House of Lords, from the Privy Council, and from all civil and military offices. He had passed the Habeas Corpus Act. If securities yet stronger had not been provided against the dangers to which the constitution and the Church might be exposed under a Roman Catholic sovereign, the fault lay, not with Charles who had invited the Parliament to propose such securities, but with those Whigs who had refused to hear of any substitute for the Exclusion Bill. One thing only had the King denied to his people. He had refused to take away his brother's birthright. And was there not good reason to believe that this refusal was prompted by laudable feelings? What selfish motive could faction itself impute to the royal mind? The Exclusion Bill did not curtail the reigning King's prerogatives, or diminish his income. Indeed, by passing it, he might easily have obtained an ample addition to his own revenue. And what was it to him who ruled after him? Nay, if he had personal predilections, they were known to be rather in favour of the Duke of Monmouth than of the Duke of York. The most natural explanation of the King's conduct seemed to be that, careless as was his temper and loose as were his morals, he had, on this occasion, acted from a sense of duty and honour. And, if so, would the nation compel him to do what he thought criminal and disgraceful? To apply, even by strictly constitutional means, a violent pressure to his conscience, seemed to zealous royalists ungenerous and undutiful. But strictly constitutional means were not the only means which the Whigs were disposed to employ. Signs were already discernible which portended the approach of great troubles. Men, who, in the time of the civil war and of the Commonwealth, had acquired an odious notoriety, had emerged from the obscurity in which, after the Restoration, they had hidden themselves from the general hatred, showed their confident and busy faces everywhere, and appeared to anticipate a second reign of the Saints. Another Naseby, another High Court of Justice, another usurper on the throne, the Lords again ejected from their hall by violence, the Universities again purged, the Church again robbed and persecuted, the Puritans again dominant, to such results did the desperate policy of the opposition seem to tend.

Strongly moved by these apprehensions, the majority of the upper and middle classes hastened to rally round the throne. The situation of the King bore, at this time, a great resemblance to that in which his father stood just after the Remonstrance had been voted. But the reaction of 1641 had not been suffered to run its course. Charles the First, at the very moment when his people, long estranged, were returning to him with hearts disposed to reconciliation, had, by a perfidious violation of the fundamental laws of the realm, forfeited their confidence for ever. Had Charles the Second taken a similar course, had he arrested the Whig leaders in an irregular manner, had he impeached them of high treason before a tribunal which had no legal jurisdiction over them, it is highly probable that they would speedily have regained the ascendancy which they had lost. Fortunately for himself, he was induced, at this crisis, to adopt a policy singularly judicious. He determined to conform to the law, but at the same time to make vigorous and unsparing use of the law against his adversaries. He was not bound to convoke a Parliament till three years should have elapsed. He was not much distressed for money. The produce of the taxes which had been settled on him for life exceeded the estimate. He was at peace with all the world. He could retrench his expenses by giving up the costly and useless settlement of Tangier; and he might hope for pecuniary aid from France. He had, therefore, ample time and means for a systematic attack on the opposition under the forms of the constitution. The Judges were removable at his pleasure: the juries were nominated by the Sheriffs; and, in almost all the counties of England, the Sheriffs were nominated by himself. Witnesses, of the same class with those who had recently sworn away the lives of Papists, were ready to swear away the lives of Whigs.

The first victim was College, a noisy and violent demagogue of mean birth and education. He was by trade a joiner, and was celebrated as the inventor of the Protestant flail. [23] He had been at Oxford when the Parliament sate there, and was accused of having planned a rising and an attack on the King's guards. Evidence was given against him by Dugdale and Turberville, the same infamous men who had, a few months earlier, borne false witness against Stafford. In the sight of a jury of country squires no Exclusionist was likely to find favour. College was convicted. The crowd which filled the court house of Oxford received the verdict with a roar of exultation, as barbarous as that which he and his friends had been in the habit of raising when innocent Papists were doomed to the gallows. His execution was the beginning of a new judicial massacre not less atrocious than that in which he had himself borne a share.

The government, emboldened by this first victory, now aimed a blow at an enemy of a very different class. It was resolved that Shaftesbury should be brought to trial for his life. Evidence was collected which, it was thought, would support a charge of treason. But the facts which it was necessary to prove were alleged to have been committed in London. The Sheriffs of London, chosen by the citizens, were zealous Whigs. They named a Whig grand jury, which threw out the bill. This defeat, far from discouraging those who advised the King, suggested to them a new and daring scheme. Since the charter of the capital was in their way, that charter must be annulled. It was pretended, therefore, that the City had by some irregularities forfeited its municipal privileges; and proceedings were instituted against the corporation in the Court of King's Bench. At the same time those laws which had, soon after the Restoration, been enacted against Nonconformists, and which had remained dormant during the ascendency of the Whigs, were enforced all over the kingdom with extreme rigour.

Yet the spirit of the Whigs was not subdued. Though in evil plight, they were still a numerous and powerful party; and as they mustered strong in the large towns, and especially in the capital, they made a noise and a show more than proportioned to their real force. Animated by the recollection of past triumphs, and by the sense of present oppression, they overrated both their strength and their wrongs. It was not in their power to make out that clear and overwhelming case which can alone justify so violent a remedy as resistance to an established government. Whatever they might suspect, they could not prove that their sovereign had entered into a treaty with France against the religion and liberties of England. What was apparent was not sufficient to warrant an appeal to the sword. If the Lords had thrown out the Exclusion Bill, they had thrown it out in the exercise of a right coeval with the constitution. If the King had dissolved the Oxford Parliament, he had done so by virtue of a prerogative which had never been questioned. If he had, since the dissolution, done some harsh things, still those things were in strict conformity with the letter of the law, and with the recent practice of the malecontents themselves. If he had prosecuted his opponents, he had prosecuted them according to the proper forms, and before the proper tribunals. The evidence now produced for the crown was at least as worthy of credit as the evidence on which the noblest blood of England had lately been shed by the opposition. The treatment which an accused Whig had now to expect from judges, advocates, sheriffs, juries and spectators, was no worse than the treatment which had lately been thought by the Whigs good enough for an accused Papist. If the privileges of the City of London were attacked, they were attacked, not by military violence or by any disputable exercise of prerogative, but according to the regular practice of Westminster Hall. No tax was imposed by royal authority. No law was suspended. The Habeas Corpus Act was respected. Even the Test Act was enforced. The opposition, therefore, could not bring home to the King that species of misgovernment which alone could justify insurrection. And, even had his misgovernment been more flagrant than it was, insurrection would still have been criminal, because it was almost certain to be unsuccessful. The situation of the Whigs in 1682 differed widely from that of the Roundheads forty years before. Those who took up arms against Charles the First acted under the authority of a Parliament which had been legally assembled, and which could not, without its own consent, be legally dissolved. The opponents of Charles the Second were private men. Almost all the military and naval resources of the kingdom had been at the disposal of those who resisted Charles the First. All the military and naval resources of the kingdom were at the disposal of Charles the Second. The House of Commons had been supported by at least half the nation against Charles the First. But those who were disposed to levy war against Charles the Second were certainly a minority. It could hardly be doubted, therefore, that, if they attempted a rising, they would fail. Still less could it be doubted that their failure would aggravate every evil of which they complained. The true policy of the Whigs was to submit with patience to adversity which was the natural consequence and the just punishment of their errors, to wait patiently for that turn of public feeling which must inevitably come, to observe the law, and to avail themselves of the protection, imperfect indeed, but by no means nugatory, which the law afforded to innocence. Unhappily they took a very different course. Unscrupulous and hot-headed chiefs of the party formed and discussed schemes of resistance, and were heard, if not with approbation, yet with the show of acquiescence, by much better men than themselves. It was proposed that there should be simultaneous insurrections in London, in Cheshire, at Bristol, and at Newcastle. Communications were opened with the discontented Presbyterians of Scotland, who were suffering under a tyranny such as England, in the worst times, had never known. While the leaders of the opposition thus revolved plans of open rebellion, but were still restrained by fears or scruples from taking any decisive step, a design of a very different kind was meditated by some of their accomplices. To fierce spirits, unrestrained by principle, or maddened by fanaticism, it seemed that to waylay and murder the King and his brother was the shortest and surest way of vindicating the Protestant religion and the liberties of England. A place and a time were named; and the details of the butchery were frequently discussed, if not definitely arranged. This scheme was known but to few, and was concealed with especial care from the upright and humane Russell, and from Monmouth, who, though not a man of delicate conscience, would have recoiled with horror from the guilt of parricide. Thus there were two plots, one within the other. The object of the great Whig plot was to raise the nation in arms against the government. The lesser plot, commonly called the Rye House Plot, in which only a few desperate men were concerned, had for its object the assassination of the King and of the heir presumptive.

Both plots were soon discovered. Cowardly traitors hastened to save themselves, by divulging all, and more than all, that had passed in the deliberations of the party. That only a small minority of those who meditated resistance had admitted into their minds the thought of assassination is fully established: but, as the two conspiracies ran into each other, it was not difficult for the government to confound them together. The just indignation excited by the Rye House Plot was extended for a time to the whole Whig body. The King was now at liberty to exact full vengeance for years of restraint and humiliation. Shaftesbury, indeed, had escaped the fate which his manifold perfidy had well deserved. He had seen that the ruin of his party was at hand, had in vain endeavoured to make his peace with the royal brothers, had fled to Holland, and had died there, under the generous protection of a government which he had cruelly wronged. Monmouth threw himself at his father's feet and found mercy, but soon gave new offence, and thought it prudent to go into voluntary exile. Essex perished by his own hand in the Tower. Russell, who appears to have been guilty of no offence falling within the definition of high treason, and Sidney, of whose guilt no legal evidence could be produced, were beheaded in defiance of law and justice. Russell died with the fortitude of a Christian, Sidney with the fortitude of a Stoic. Some active politicians of meaner rank were sent to the gallows. Many quitted the country. Numerous prosecutions for misprision of treason, for libel, and for conspiracy were instituted. Convictions were obtained without difficulty from Tory juries, and rigorous punishments were inflicted by courtly judges. With these criminal proceedings were joined civil proceedings scarcely less formidable. Actions were brought against persons who had defamed the Duke of York and damages tantamount to a sentence of perpetual imprisonment were demanded by the plaintiff, and without difficulty obtained. The Court of King's Bench pronounced that the franchises of the City of London were forfeited to the Crown. Flushed with this great victory, the government proceeded to attack the constitutions of other corporations which were governed by Whig officers, and which had been in the habit of returning Whig members to Parliament. Borough after borough was compelled to surrender its privileges; and new charters were granted which gave the ascendency everywhere to the Tories.

These proceedings, however reprehensible, had yet the semblance of legality. They were also accompanied by an act intended to quiet the uneasiness with which many loyal men looked forward to the accession of a Popish sovereign. The Lady Anne, younger daughter of the Duke of York by his first wife, was married to George, a prince of the orthodox House of Denmark. The Tory gentry and clergy might now flatter themselves that the Church of England had been effectually secured without any violation of the order of succession. The King and the heir presumptive were nearly of the same age. Both were approaching the decline of life. The King's health was good. It was therefore probable that James, if he came to the throne, would have but a short reign. Beyond his reign there was the gratifying prospect of a long series of Protestant sovereigns.

The liberty of unlicensed printing was of little or no use to the vanquished party; for the temper of judges and juries was such that no writer whom the government prosecuted for a libel had any chance of escaping. The dread of punishment therefore did all that a censorship could have done. Meanwhile, the pulpits resounded with harangues against the sin of rebellion. The treatises in which Filmer maintained that hereditary despotism was the form of government ordained by God, and that limited monarchy was a pernicious absurdity, had recently appeared, and had been favourably received by a large section of the Tory party. The university of Oxford, on the very day on which Russell was put to death, adopted by a solemn public act these strange doctrines, and ordered the political works of Buchanan, Milton, and Baxter to be publicly burned in the court of the Schools.

Thus emboldened, the King at length ventured to overstep the bounds which he had during some years observed, and to violate the plain letter of the law. The law was that not more than three years should pass between the dissolving of one Parliament and the convoking of another. But, when three years had elapsed after the dissolution of the Parliament which sate at Oxford, no writs were issued for an election. This infraction of the constitution was the more reprehensible, because the King had little reason to fear a meeting with a new House of Commons. The counties were generally on his side; and many boroughs in which the Whigs had lately held sway had been so remodelled that they were certain to return none but courtiers.

In a short time the law was again violated in order to gratify the Duke of York. That prince was, partly on account of his religion, and partly on account of the sternness and harshness of his nature, so unpopular that it had been thought necessary to keep him out of sight while the Exclusion Bill was before Parliament, lest his appearance should give an advantage to the party which was struggling to deprive him of his birthright. He had therefore been sent to govern Scotland, where the savage old tyrant Lauderdale was sinking into the grave. Even Lauderdale was now outdone. The administration of James was marked by odious laws, by barbarous punishments, and by judgments to the iniquity of which even that age furnished no parallel. The Scottish Privy Council had power to put state prisoners to the question. But the sight was so dreadful that, as soon as the boots appeared, even the most servile and hardhearted courtiers hastened out of the chamber. The board was sometimes quite deserted: and it was at length found necessary to make an order that the members should keep their seats on such occasions. The Duke of York, it was remarked, seemed to take pleasure in the spectacle which some of the worst men then living were unable to contemplate without pity and horror. He not only came to Council when the torture was to be inflicted, but watched the agonies of the sufferers with that sort of interest and complacency with which men observe a curious experiment in science. Thus he employed himself at Edinburgh, till the event of the conflict between the court and the Whigs was no longer doubtful. He then returned to England: but he was still excluded by the Test Act from all public employment; nor did the King at first think it safe to violate a statute which the great majority of his most loyal subjects regarded as one of the chief securities of their religion and of their civil rights. When, however, it appeared, from a succession of trials, that the nation had patience to endure almost anything that the government had courage to do, Charles ventured to dispense with the law in his brother's favour. The Duke again took his seat in the Council, and resumed the direction of naval affairs.

These breaches of the constitution excited, it is true, some murmurs among the moderate Tories, and were not unanimously approved even by the King's ministers. Halifax in particular, now a Marquess and Lord Privy Seal, had, from the very day on which the Tories had by his help gained the ascendant, begun to turn Whig. As soon as the Exclusion Bill had been thrown out, he had pressed the House of Lords to make provision against the danger to which, in the next reign, the liberties and religion of the nation might be exposed. He now saw with alarm the violence of that reaction which was, in no small measure, his own work. He did not try to conceal the scorn which he felt for the servile doctrines of the University of Oxford. He detested the French alliance. He disapproved of the long intermission of Parliaments. He regretted the severity with which the vanquished party was treated. He who, when the Whigs were predominant, had ventured to pronounce Stafford not guilty, ventured, when they were vanquished and helpless, to intercede for Russell. At one of the last Councils which Charles held a remarkable scene took place. The charter of Massachusetts had been forfeited. A question arose how, for the future, the colony should be governed. The general opinion of the board was that the whole power, legislative as well as executive, should abide in the crown. Halifax took the opposite side, and argued with great energy against absolute monarchy, and in favour of representative government. It was vain, he said, to think that a population, sprung from the English stock, and animated by English feelings, would long bear to be deprived of English institutions. Life, he exclaimed, would not be worth having in a country where liberty and property were at the mercy of one despotic master. The Duke of York was greatly incensed by this language, and represented to his brother the danger of retaining in office a man who appeared to be infected with all the worst notions of Marvell and Sidney.

Some modern writers have blamed Halifax for continuing in the ministry while he disapproved of the manner in which both domestic and foreign affairs were conducted. But this censure is unjust. Indeed it is to be remarked that the word ministry, in the sense in which we use it, was then unknown. [24] The thing itself did not exist; for it belongs to an age in which parliamentary government is fully established. At present the chief servants of the crown form one body. They are understood to be on terms of friendly confidence with each other, and to agree as to the main principles on which the executive administration ought to be conducted. If a slight difference of opinion arises among them, it is easily compromised: but, if one of them differs from the rest on a vital point, it is his duty to resign. While he retains his office, he is held responsible even for steps which he has tried to dissuade his colleagues from taking. In the seventeenth century, the heads of the various branches of the administration were bound together in no such partnership. Each of them was accountable for his own acts, for the use which he made of his own official seal, for the documents which he signed, for the counsel which he gave to the King. No statesman was held answerable for what he had not himself done, or induced others to do. If he took care not to be the agent in what was wrong, and if, when consulted, he recommended what was right, he was blameless. It would have been thought strange scrupulosity in him to quit his post, because his advice as to matters not strictly within his own department was not taken by his master; to leave the Board of Admiralty, for example, because the finances were in disorder, or the Board of Treasury because the foreign relations of the kingdom were in an unsatisfactory state. It was, therefore, by no means unusual to see in high office, at the same time, men who avowedly differed from one another as widely as ever Pulteney differed from Walpole, or Fox from Pitt.

The moderate and constitutional counsels of Halifax were timidly and feebly seconded by Francis North, Lord Guildford who had lately been made Keeper of the Great Seal. The character of Guildford has been drawn at full length by his brother Roger North, a most intolerant Tory, a most affected and pedantic writer, but a vigilant observer of all those minute circumstances which throw light on the dispositions of men. It is remarkable that the biographer, though he was under the influence of the strongest fraternal partiality, and though he was evidently anxious to produce a flattering likeness, was unable to portray the Lord Keeper otherwise than as the most ignoble of mankind. Yet the intellect of Guildford was clear, his industry great, his proficiency in letters and science respectable, and his legal learning more than respectable. His faults were selfishness, cowardice, and meanness. He was not insensible to the power of female beauty, nor averse from excess in wine. Yet neither wine nor beauty could ever seduce the cautious and frugal libertine, even in his earliest youth, into one fit of indiscreet generosity. Though of noble descent, he rose in his profession by paying ignominious homage to all who possessed influence in the courts. He became Chief Justice of the Common Pleas, and as such was party to some of the foulest judicial murders recorded in our history. He had sense enough to perceive from the first that Oates and Bedloe were impostors: but the Parliament and the country were greatly excited: the government had yielded to the pressure; and North was not a man to risk a good place for the sake of justice and humanity. Accordingly, while he was in secret drawing up a refutation of the whole romance of the Popish plot, he declared in public that the truth of the story was as plain as the sun in heaven, and was not ashamed to browbeat, from the seat of judgment, the unfortunate Roman Catholics who were arraigned before him for their lives. He had at length reached the highest post in the law. But a lawyer, who, after many years devoted to professional labour, engages in politics for the first time at an advanced period of life, seldom distinguishes himself as a statesman; and Guildford was no exception to the general rule. He was indeed so sensible of his deficiencies that he never attended the meetings of his colleagues on foreign affairs. Even on questions relating to his own profession his opinion had less weight at the Council board than that of any man who has ever held the Great Seal. Such as his influence was, however, he used it, as far as he dared, on the side of the laws.

The chief opponent of Halifax was Lawrence Hyde, who had recently been created Earl of Rochester. Of all Tories, Rochester was the most intolerant and uncompromising. The moderate members of his party complained that the whole patronage of the Treasury, while he was First Commissioner there, went to noisy zealots, whose only claim to promotion was that they were always drinking confusion to Whiggery, and lighting bonfires to burn the Exclusion Bill. The Duke of York, pleased with a spirit which so much resembled his own supported his brother in law passionately and obstinately.

The attempts of the rival ministers to surmount and supplant each other kept the court in incessant agitation. Halifax pressed the King to summon a Parliament, to grant a general amnesty, to deprive the Duke of York of all share in the government, to recall Monmouth from banishment, to break with Lewis, and to form a close union with Holland on the principles of the Triple Alliance. The Duke of York, on the other hand, dreaded the meeting of a Parliament, regarded the vanquished Whigs with undiminished hatred, still flattered himself that the design formed fourteen years before at Dover might be accomplished, daily represented to his brother the impropriety of suffering one who was at heart a Republican to hold the Privy Seal, and strongly recommended Rochester for the great place of Lord Treasurer.

While the two factions were struggling, Godolphin, cautious, silent, and laborious, observed a neutrality between them. Sunderland, with his usual restless perfidy, intrigued against them both. He had been turned out of office in disgrace for having voted in favour of the Exclusion Bill, but had made his peace by employing the good offices of the Duchess of Portsmouth and by cringing to the Duke of York, and was once more Secretary of State.

Nor was Lewis negligent or inactive. Everything at that moment favoured his designs. He had nothing to apprehend from the German empire, which was then contending against the Turks on the Danube. Holland could not, unsupported venture to oppose him. He was therefore at liberty to indulge his ambition and insolence without restraint. He seized Strasburg, Courtray, Luxemburg. He exacted from the republic of Genoa the most humiliating submissions. The power of France at that time reached a higher point than it ever before or ever after attained, during the ten centuries which separated the reign of Charlemagne from the reign of Napoleon. It was not easy to say where her acquisitions would stop, if only England could be kept in a state of vassalage. The first object of the court of Versailles was therefore to prevent the calling of a Parliament and the reconciliation of English parties. For this end bribes, promises, and menaces were unsparingly employed. Charles was sometimes allured by the hope of a subsidy, and sometimes frightened by being told that, if he convoked the Houses, the secret articles of the treaty of Dover should be published. Several Privy Councillors were bought; and attempts were made to buy Halifax, but in vain. When he had been found incorruptible, all the art and influence of the French embassy were employed to drive him from office: but his polished wit and his various accomplishments had made him so agreeable to his master, that the design failed. [25]

Halifax was not content with standing on the defensive. He openly accused Rochester of malversation. An inquiry took place. It appeared that forty thousand pounds had been lost to the public by the mismanagement of the First Lord of the Treasury. In consequence of this discovery he was not only forced to relinquish his hopes of the white staff, but was removed from the direction of the finances to the more dignified but less lucrative and important post of Lord President. "I have seen people kicked down stairs," said Halifax; "but my Lord Rochester is the first person that I ever saw kicked up stairs." Godolphin, now a peer, became First Commissioner of the Treasury.